I've been employed with a law firm for over a year. I was out 2 times for about 2 or 3 weeks b/c of migraines, once in June and then in August and then again in October. When my boss spoke with my mother she stated that I was in no danger of losing my job because they knew about the recent outbreak of my migraines. I was never warned or had any type of disciplinary action taken against me by the office for excessive absenses. Next thing I know I am being sent a termination letter and vacation time accrued for my absenses. Is this legal?

Your employer can terminate you for any reason at any time, so long as the reason for the termination was not discrimination on the basis of age, disability, national origin, pregnancy, race, religion, gender or other statuses protected by state or local law.

Migraines can be seen as a disability protected by the Americans With Disabilities Act (ADA). ADA requires that employers not discriminate against persons with disabilities. It must also provide reasonable accommodation so that the person can do the primary functions of their job. However, it does not promise that a person can be away from the office for an excessive amount of time.

Do you know why you were terminated?

All the letter said was that I was "terminated for absenteeism." That is pretty much all the letter said. I thought they had to give some sort of warning or something to that effect. There's got to be something.

There is no requirement that employers must give written warning (or even verbal warning) unless there is a written policy to the contrary. An example of a written policy is found in a Collective Bargaining Agreement that requires progressive discipline.

Let me know if you have any other questions.